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6 . Closing , 6 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date " ) ,%W 6 . 1 take place as set forth in Addendum "A" of this Agreement . The parties agree that the Closing shall be as follows : ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the ROW Property , free and clear of all liens and encumbrances and in the condition required by paragraph 3 . ( b ) The Seller shall deliver possession of the ROW Property to County vacant and free of Seller' s equipment and personal property ; provided that the County will relocate Seller' s pasture fencing to the new right-of-way boundary . ( c) If Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an affidavit , in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (d ) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction . 6 . 2 Prorations . All taxes and special assessments which are a lien upon the ROW Property on or prior to the Closing Date (except current taxes which are not yet due and payable ) shall be paid by the Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Seller shall pay all current real estate taxes and special assessments levied against the ROW Property,p y, prorated based on the "due date " of such taxes established by the taxing authority having jurisdiction over the ROW Property. If the Closing Date occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing documents . 7 . 1 County shall pay the following expenses at Closing : 70 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . 7 . 2 Seller shall pay the following expenses at or prior to Closing : 7 . 2 . 1 Documentary Stamps required to be affixed to the warranty deed . 7 . 2 . 2 All costs and premiums for the owner's marketability title insurance commitment and policy , if any . ,%W 1 /18/05 4